News & Analysis as of

Negligent Hiring

Winthrop & Weinstine, P.A.

What You Need to Know About the Minnesota Supreme Court Decision on Negligent Selection of Independent Contractors

The Minnesota Supreme Court recently issued a landmark decision recognizing the tort of “negligent selection of an independent contractor.” This development holds significant implications for businesses that engage...more

Conn Maciel Carey LLP

[Webinar] Tips and Strategies for Preventing and Responding to Workplace Violence Incidents - April 24th, 1:00 pm EST

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Workplace violence has been a focus for both the Occupational Safety and Health Administration (“OSHA”) and the Equal Employment Opportunity Commission (“EEOC”) for several years, as it continues to be one of the leading...more

Amundsen Davis LLC

Preemption of Negligent Hiring Claims Against a Freight Broker Upheld by 7th Circuit

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In an important decision for freight brokers, the Seventh Circuit Court of Appeals recently issued a ruling in Ye v. GlobalTranz Enterprises, Inc., No. 22-1805 (7th Cir. July 18, 2023), which held that a plaintiff’s claim for...more

DarrowEverett LLP

Protect Ya Neck: The Wu-Tang Clan, Independent Contractors and the Potential Expansion of Negligent Hiring Claims

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Instead of toiling over a 130-page private placement memorandum as an attorney or reviewing payroll as the head of the family business, imagine for a moment that you are Method Man, the de-facto lyrical leader of the Wu-Tang...more

Jackson Lewis P.C.

Developments in Employee Screening for Real Estate Industry

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The real estate industry, and the people employed in it, build and maintain communities driving domestic growth. Naturally, employers in the real estate world want to know their employees are reliable and trustworthy. ...more

Haight Brown & Bonesteel LLP

Vehicle Owners and Employers Have Affirmative Duty to Ensure Their Drivers Are Licensed, California Court of Appeals Holds

On August 6, 2021, a California Court of Appeal held that an employer and a vehicle owner were liable under theories of negligent hiring and negligent entrustment, respectively, when each failed to conduct a reasonable...more

ArentFox Schiff

Virginia Supreme Court Recognizes Negligent Retention and Vicarious Liability for Acts of Retired Employee

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On April 29, 2021, the Supreme Court of Virginia reversed the dismissal of claims for negligent hiring or retention, vicarious liability, and negligent infliction of emotional distress where a complaint alleged that a retired...more

Ervin Cohen & Jessup LLP

Negligent Retention, Hiring Rulings Show Importance of Policy Language

Where an employee of a company commits an intentional act, such as a battery or sexual molestation, the managers of that company are often named as defendants on a theory of “negligent supervision”, “negligent retention” or...more

Proskauer - Law and the Workplace

Seventh Circuit Reaffirms Test for Employee Status

On May 8, 2019, the Seventh Circuit reaffirmed its test for determining employee status under federal anti-discrimination laws, holding that a physician lacked standing to bring Title VII claims against the hospital at which...more

Cozen O'Connor

How to Conduct Criminal Background Checks the Right Way

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Criminal background checks are helpful in not only identifying applicants who might not be suitable for a job, but in limiting the potential liability associated with negligent hiring claims. Bethany Salvatore and Bryant...more

Carlton Fields

Intentional Accidents: California Supreme Court Announces That General Commercial Liability Policies Apply To Negligent Hiring,...

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In a recent decision, the U.S. Court of Appeals for the Ninth Circuit observed that under California law, there was an unresolved question as to whether a commercial general liability (“CGL”) insurance policy covers an...more

Benesch

"It Was A Very Good Year" (For Freight Brokers)

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Frank Sinatra certainly was not thinking about freight brokers when singing this Grammy-winning song back in 1966. However, the title of the song definitely resonates for freight brokers in 2018. In addition to capitalizing...more

Butler Snow LLP

Job Applicants and Employees with Criminal Charges and Convictions: What Can an Employer Do?

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Employers use job applications to seek information about conviction records. Criminal background checks are often performed before hiring an employee. Why? The reasons seem obvious, but unfortunately, how the information can...more

Nossaman LLP

A Further Extension Of Coverage For Intentional Acts

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Following the June 4, 2018 landmark decision by the California Supreme Court in Liberty Surplus Insurance Corporation v. Ledesma & Meyer Construction Company, 5 Cal. 5th 216 (2018), the insurance industry is not taking the...more

Fox Rothschild LLP

“City of Lies” Crew Member Allegedly Attacked By Johnny Depp On Set Swings Back With 10-Count Suit

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Would you punch Johnny Depp in the face for $100,000? “City of Lies” location manager Gregg “Rocky” Brooks had the chance after Depp allegedly punched Brooks in the ribs twice and demanded he punch Depp back in the face for...more

Farella Braun + Martel LLP

Negligent Hiring and Supervision Can Be an 'Accident'

The California Supreme Court answered the Ninth Circuit’s certified question in Liberty Surplus Insurance v. Ledesma & Meyer Construction. The court rephrased the question presented to it as: “When a third party sues an...more

Payne & Fears

California Supreme Court Rights the "Occurrence" Ship: Unintended Harm Resulting from Intentional Conduct Triggers Coverage Under...

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In a ruling that bodes well for policyholders, the California Supreme Court provides much-needed clarity on the question of when a so-called "intentional act" may give rise to insurance coverage under a liability insurance...more

Pillsbury - Policyholder Pulse blog

CGL Insurer Can’t Avoid Covering Employer for Negligent Hiring of Employee Who Committed Intentional Wrong, California Supreme...

By statute, California law holds that willful misconduct—where an insured intends to cause someone harm—is not insurable as a matter of public policy. For years, insurance companies have sought to expand this prohibition to...more

Sheppard Mullin Richter & Hampton LLP

“Ban the Box” Laws & Workplace Violence: An Employer’s Failure to Sufficiently Perform Background Checks Could Lead To Costly...

Many states and municipalities throughout the country have enacted laws that mandate the removal of criminal conviction history questions from job applications. This so-called “Ban the Box” movement theoretically provides...more

Payne & Fears

Key California Employment Law Cases: February 2018

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Rojas v. HSBC Card Services Inc., 228 Cal. Rptr. 3d 640 (2018)- Summary: Installing recording device and recording calls on company phones renders actions intentional under California Invasion of Privacy Act. ...more

Amundsen Davis LLC

If At First You Don't Succeed, Try And Try Again: A Broker Is Finally Successful At A Federal Preemption Argument

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A recent ruling by Judge Ronald Guzman of the U.S. District Court for the Northern District of Illinois should have a significant impact on how brokers, and in some circumstances motor carriers, defend themselves in...more

Fisher Phillips

New York Court Says Retailer Not Responsible For Unforeseeable Violence Against Patron

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A federal district court in Brooklyn recently held that an employer does not owe a duty to protect patrons from assault unless the attack was “reasonably foreseeable,” specifying that businesses would only be put on such...more

Spilman Thomas & Battle, PLLC

2017 and the West Virginia Legislature - The Year of the Employer

The 2017 regular session of the West Virginia Legislature saw several changes in laws relevant to employers. Changes of interest to employers include the West Virginia Safer Workplace Act, Second Chance for Employment Act,...more

Patrick Malone & Associates P.C. | DC Injury...

South Dakota high court won’t force hospitals to disclose why they let a bad doctor operate on patients’ spines

South Dakotans will need their state lawmakers’ help now to pry open physicians’ iron grip on secret decisions about which doctors get to practice in hospitals and why. That’s because the state’s Supreme Court ruled this...more

Zuckerman Spaeder LLP

Court Nullifies CFO’s Employment Because of Prior Extortion Conviction

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In lawsuits over contracts, parties sometimes assert defenses that contracts are voidable or void. A voidable contract is one as to which the party should have a choice as to whether it is enforceable or not; for example,...more

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